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2021.10.27 Application for Preliminary Injunction 645
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2021.10.27
Excerpt: ... in support of the Motion for Preliminary Injunction were filed on October 25, 2021 without leave of Court, the Court exercises its discretion and considers the improperly filed documents. The purpose of a preliminary injunction is to preserve the status quo pending a decision on the merits. (Major v. Miraverde Homeowners Ass'n. (1992) 7 Cal.App.4th 618, 623.) Plaintiffs seeking injunctive relief must show the absence of an adequate damages remed...
2021.10.26 Motion for Reconsideration 706
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2021.10.26
Excerpt: ...ay, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. (CCP § 1008.) The legislative intent was to restrict these motions to circumstances where a party offers the court some fact or circumstance not previously conside...
2021.10.26 Motion for Reconsideration 414
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2021.10.26
Excerpt: ... whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. (CCP § 1008.) The legislative intent was to restrict these m...
2021.10.26 Demurrer, Motion to Strike 662
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2021.10.26
Excerpt: ...nswers within 10 days. Opposing Party to give NOTICE. Defendants Inclusion Services, LLC and Inclusion Specialized Supported Living Services, LLC demur to the 2 nd and 3 rd causes of action on the ground that it fails to state facts sufficient to constitute a cause of action. The First Amended Complaint alleges that on 1/24/19, Plaintiff Gloria Valles was on her driveway of her residence and while exiting the driver's side of her vehicle, she was...
2021.10.20 Motion for Summary Judgment 014
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2021.10.20
Excerpt: ...entioned, Defendants, and each of them, were and are in the business of, and prior to January 25, 2017, and continuing, did design, manufacture, assemble, inspect, endorse, draft, test, fail to warn, franchise, supply, sell, lease, certify, distribute, market, install, repair, service, modify, implant and place into the stream of commerce the subject formaldehyde, formaldehyde-based products and products containing formaldehyde including, but not...
2021.10.20 Demurrer 741
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2021.10.20
Excerpt: ...re DENIED. “Although the existence of statements contained in a deposition transcript [or declaration] filed as part of the court record can be judicially noticed, their truth is not subject to judicial notice.” (Big Valley Band of Pomo Indians v. Sup. Ct. (McAllister) (2005, 1 st Dist., Div. 2) 133 Cal.App.4th 1185, 1191.) This products liability action was filed by Plaintiff BENJAMIN C. WATSON (“Plaintiff”) on May 24, 2018. Plaintiff al...
2021.10.19 Motion to Compel Responses 925
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2021.10.19
Excerpt: ...ng fees for what would be the remaining seven motions. The following Order will take effect upon the filing of the proof of payment of the fees: Plaintiff Jane Doe's motion to compel Defendants to (1) respond to Plaintiff's written discovery and (2) produce Laura Pantoja for deposition is GRANTED. Defendants Miguel Pantoja and Healing Therapy Spa, Inc. are ORDERED to serve responses without objections within 20 days. The truth of the matters in P...
2021.10.19 Motion to Compel Production of Devices and Email Accounts for Forensic Inspection 780
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2021.10.19
Excerpt: ...nd email accounts of Plaintiffs Paul Mercer and Joseph Rossini for forensic inspection pursuant to CCP § 2031.320. CCP § 2031.320(a) provides, “ If a party filing a response to a demand for inspection, copying, testing, or sampling… thereafter fails to permit the inspection, copying, testing, or sampling in accordance with that party's statement of compliance, the demanding party may move for an order compelling compliance.” Caremore's Cr...
2021.10.19 Demurrer 275
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2021.10.19
Excerpt: ...e facts sufficient to constitute a cause of action. The Complaint, filed on 5/4/21, alleges that Plaintiff Olga Flores (“Olga”) and Defendant Pedro Flores (“Pedro”) were in the process of a divorce action (Case No. 20WHFL00394). Pursuant to divorce proceeding, Pedro was not permitted to sell the parties Los Angeles and Palmdale properties without Court order or written agreement. Olga and Pedro were the joint owners of the properties unde...
2021.10.14 Motion for Summary Judgment 114
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2021.10.14
Excerpt: ...LENE GARCIA, and J.J., a minor, by and through his guardian ad litem, MARLENE GARCIA on October 11, 2017 (“Plaintiff”). On March 28, 2018, the operative First Amended Complaint (“FAC”) was filed. The relevant facts, as alleged, are as follows: “J.J. has been diagnosed with Down Syndrome and has been eligible for special education at WHITTIER CITY SCHOOL DISTRICT since July 2007. J.J. has intellectual disability that requires increased s...
2021.10.14 Motion for Attorney Fees 459
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2021.10.14
Excerpt: ...f discovery. Plaintiffs filed a Motion to Compel Further Discovery Responses, which was denied. Plaintiffs also filed a Motion to Reopen Discovery, which was also denied. The case settled on June 2, 2021. Cal. Civ. Code §1794(d) states, “[i]f the buyer prevails in an action under [the Song Beverly Act], the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, includin...
2021.10.07 Demurrer, Motion to Strike 707
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2021.10.07
Excerpt: ...rt notes that in addition to the subject Demurrer and Motion to Strike herein, there are 4 other substantively similar Demurrers and Motions to Strike set for hearing—2 on November 9, 2021; 1 on November 30, 2021; and 1 on January 6, 2022. If all parties appear for the subject hearing and stipulate to have the later scheduled demurrers and motions to strike advanced and heard on this date, the Court can hear oral argument, vacate the future hea...
2021.10.06 Motion to be Relieved of Default 186
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2021.10.06
Excerpt: ...t to CCP § 473(d) is CONTINUED. The court will hear from the parties regarding a continuance date. Opposing Party to give NOTICE. Defendants Belmont Acquisitionss Corp. (“Belmont”) and 12 ReTech Corp. move to be relieved of default pursuant to CCP § 473(d). The court notes that Defendants do not seek relief on any of the discretionary provisions under CCP § 473(b), mandatory relief based on attorney fault, equitable relief, or that they we...
2021.10.05 Motion to Strike Punitive Damages 274
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2021.10.05
Excerpt: ...de pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper, strike out any irrelevant, false, or improper matter inserted in any pleading or strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (CCP § 436.) The grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the co...
2021.10.05 Motion to Set Aside Default, Judgment 748
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2021.10.05
Excerpt: ...l, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. (CCP § 473(...
2021.10.05 Motion for Summary Judgment, Adjudication 711
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2021.10.05
Excerpt: ...ict”), Estrada-Segoviano, and Thorne move for summary judgment, or in the alternative, for summary adjudication of issues pursuant to CCP § 437c. EVIDENTIARY OBJECTIONS Defendant's Objections to Breeland Declaration are sustained as to ¶ 3, overruled as to the remaining paragraphs. COMPLAINT The operative complaint is the First Amended Complaint (“FAC”) filed on December 4, 2019. Plaintiff Breeland alleges that she was discriminated again...
2021.10.05 Demurrer 499
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2021.10.05
Excerpt: ...n the ground that they fail to state facts sufficient to constitute a cause of action. This action for Quiet Title was filed by Plaintiff South Gate Investment Group, Inc. (“SGIG”) against Defendant City of South Gate (“City”). Plaintiff's predecessor, California Truck Sales, purchased the property on 9/26/95. In 1997, the City Supervisor informed California Truck Sales that it would be required to install a wrought-iron fence and poles a...
2021.09.30 Motion for Summary Judgment, Adjudication 114 (2)
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2021.09.30
Excerpt: ...o “restructure the Separate Statement to comply with the Rules of Court…. Asking the Court (and defense counsel) to sort through that, along with the additional reams of improper documents and arguments filed with the Opposition, simply should not occur. Plaintiffs should focus the Separate Statement, something they do not do.” (Reply 2:11-14.) The Court agrees. Plaintiffs' Separate Statement includes numerous irrelevant background facts, l...
2021.09.30 Demurrer, Motion to Strike 011
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2021.09.30
Excerpt: ...YLE PARKS JR. CONSTRUCTION, INC.'s Motion to Strike Portions of the First Amended Cross-Complaint-in-Intervention of Cross-Complainant-in-Intervention ALLIED WORLD SURPULS LINES INSURANCE COMPANY on behalf of Security Protection Services, Inc. is GRANTED with 15 days leave to amend. Opposing Party to give notice. LYLE PARKS JR. CONSTRUCTION, INC.'s Request for Judicial Notice of the Express Indemnity Agreement between LYLE PARKS and COMMAND PERFO...
2021.09.30 Demurrer 237
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2021.09.30
Excerpt: ...endant HARRY JUNG (“Jung”) intentionally and loudly yelled at Plaintiff, “YOU Deadbeat Pay my money,” while Plaintiff was playing a round of golf with business partners and clients. (See Complaint ¶¶9-11.) Plaintiff alleges that Jung's actions left Plaintiff feeling embarrassed and disgraced, and that all potential business deals for the day were “broken and destroyed.” (Complaint ¶12.) Plaintiff's Complaint asserts the following c...
2021.09.29 Application for Preliminary Injunction 590
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2021.09.29
Excerpt: ... the plaintiff will prevail on the merits at trial, and (2) the relative harms suffered by the parties.” (Pleasant Hill Bayshore Disposal, Inc. v. Chip-It Recycling, Inc. (2001) 91 Cal.App.4th 678, 695.) Plaintiffs have the burden of proof to show all elements necessary to support issuance of a preliminary injunction. (O'Connell v. Superior Court (2006) 141 Cal.App.4th 1452, 1481.) This wrongful foreclosure action was filed by Plaintiff JESUS G...
2021.09.28 Motion to Strike 672
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2021.09.28
Excerpt: ...y irrelevant, false, or improper matter inserted in any pleading or strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (CCP § 436.) The grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the court may judicially notice (e.g., the court's own files or records). (CCP § 437.) Generally, each party pay...
2021.09.28 Demurrer, Motion to Strike 181
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2021.09.28
Excerpt: ...and punitive damages is DENIED. Motion to strike attorney's fees and treble damages is GRANTED with 10 days leave to amend. Moving Party to give NOTICE. I. Demurrer Defendant Rediger Investment Mortgage Fund (“Rediger”) demurs to the 4 th – 7th causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. Plaintiff Peter Norwich filed the instant action on 3/6/20, which has been amended twice pursu...
2021.09.23 Motion to Deem RFAs Admitted 294
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2021.09.23
Excerpt: ... the requests…. The Court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance with Sections 2033.210, 2033.220, and 2033.230. (2) the party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect…. (c) The court shall make this order, unless it f...
2021.09.23 Motion to Contest Good Faith Settlement 021
Location: Los Angeles
Judge: Rosales, Olivia
Hearing Date: 2021.09.23
Excerpt: ...the court must balance the public policy favoring settlements with that favoring equitable sharing of costs among tortfeasors. To do so, the settlement must be within the reasonable range of the settling tortfeasor's share of liability for the Plaintiff's injuries, taking into consideration the facts and circumstances of the particular case. (Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, 499.) The Tech-Bilt court set forth ...

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